OKLAHOMA CITY – Debate still swirls around the state’s new immigration reform policy, House Bill 4156, which was signed into law by Gov. Kevin Stitt on April 30.
On Friday, a federal judge placed a preliminary injunction on the law originally set to take effect July 1, which created the crime of “impermissible occupation.” The measure defined this term as a person who “willfully and without permission enters and remains in the State of Oklahoma without having first obtained legal authorization to enter the United States.”
The bill progressed quickly through the legislative process. It was co-authored on April 15 by House Speaker Charles McCall (R-Atoka) and Senate Pro Tem Greg Treat (R-Oklahoma City). It was co-sponsored and supported by 36 other legislative members from the House and Senate, including southwest Oklahoma legislators Rep. Brad Boles (R-Marlow) and outgoing Sen. Jessica Garvin (R-Duncan). Two weeks later it was signed into law by the governor.
The measure drew immediate criticisms and protests and two lawsuits, which were combined into one with the U.S. District Court for the Western District in Oklahoma City. The recent ruling said that state law is likely preempted by federal law.
A charitable organization, Catholic Charities Archdiocese of Oklahoma City, voiced concerns that the measure would affect people who have been in the state for decades and contributed millions of tax dollars without ever having committed a criminal offense.
“Let me be clear,” Gov. Kevin Stitt said in his April 30 press release. “There is no tolerance for racism or discrimination against any community in our state. I want our Hispanic community to rest assured that this law does not give law enforcement the authority to profile individuals or question them about their immigration status without reasonable suspicion of a crime.”
In May, the Oklahoma Association of Chiefs of Police and Metro Law Enforcement Agency Leaders issued a joint statement outlining concerns about enforcing the immigration reform law. Concerns included potential racial profiling and potential victim fear when reporting crimes after the law takes effect.
“While we acknowledge the importance of legislative efforts to enhance public safety, we have found that this law conflicts with many existing directives governing law enforcement practices throughout Oklahoma,” the joint statement read, in part.
Stitt said his sole aim in signing the bill into law is to protect all four million Oklahomans, regardless of race, ethnicity or heritage.
“I am disappointed this bill is necessary. Since President Biden took office in 2021, more than 10 million people have poured over the southern border,” the governor said. “Countless individuals from across the globe, including thousands of Chinese nationals as well as people affiliated with terror organizations, have illegally crossed the U.S.-Mexico border. Oklahomans are concerned by who could be lying in wait for an opportunity to bring harm to our country.”
Statistics from the American Immigration Council show that in 2016 undocumented immigrants comprised 3% of Oklahoma’s workforce.
“The presence of a significant number of undocumented immigrants in the United States, most of whom have lived in the country for more than five years, poses many legal and political challenges,” their website stated. “But while politicians continue to debate what to do about illegal immigration, millions of undocumented immigrants are working across the country, contributing billions of dollars to the U.S. economy.”
Further statistics specific to Oklahoma show that undocumented immigrants paid an estimated $77.6 million in state and local taxes in 2018.Top occupation categories include construction and extraction, building and grounds cleaning and maintenance, farming/fishing/ forestry, food preparation and serving related.
On Friday, Oklahoma Attorney General Gentner Drummond voiced his disappointment after the federal court’s ruling.
“I will not stop fighting for Oklahoma and our right to protect our borders,” he said in a press release. “The Biden administration’s complete failure to enforce federal immigration laws made House Bill 4156 a necessity. We intend to appeal today’s decision and defend one of the most powerful tools we have to fight the criminal activity largely being fueled by illegal aliens in Oklahoma.”